NLRB v. Spurlino Materials, LLC, No. 10-2875 (7th Cir. 2011)
Annotate this CaseBased on a series of incidents, during which managers showed hostility to the efforts of truck drivers to unionize and toward drivers who supported the union, an ALJ found that the company engaged in several unfair labor practices and imposed remedial sanctions. The NLRB affirmed. The Seventh Circuit ordered the company to reinstate an individual, to make its pro-union employees whole for losses attributable to its unlawful conduct, to post a remedial notice and to cease and desist from the conduct found to have been unlawful. The company violated the NLRA, 29 U.S.C. 158(a), by deviation from its seniority system and manipulations to discriminate against pro-union drivers, by creating and filling new positions based on a new evaluation test without bargaining, by excluding pro-union drivers from those positions, and by contracting work outside the bargaining unit. The company violated the rights of an employee who was interrogated without union representation.
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